10/21/20
TRIBAL GAMING REGULATORY AGENCIES
• Indian tribes have the exclusive right to regulate gaming activities on Indian lands if the gaming activity is not specifically prohibited by Federal law and is conducted within a State which does not prohibit such gaming activity. Congressional findings and Statement of Policy, Indian Regulatory Act, 25 U.S.C. § 2701; see also, Cabazon Band of Mission Indians v. National Indian Gaming Comm’n, 827 F. Supp. 26, 31 (D.D.C. 1993); aff ’d, 14 F.3d 633, 635-36 (D.C. Cir. 1994).
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AGENCY AUTHORITY & FUNCTIONS, DUTIES, AND RESPONSIBILITIES
• Typically, a Tribal Gaming Regulatory Agency is Delegated Broad Authority to: – Interpret & Implement the Law through the Promulgation of Regulations (Quasi-Legislative Power) – Monitor Compliance and Enforce the Law (Quasi-Executive Power) – Apply the Law to Facts to Determine whether the Law has been Offended and Assess Sanctions (Quasi-Judicial Power)
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Homer Law Chtd. 2009
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